Men flee from wooded area fire and evade arrest, court hears

Two men who ran from a wooded area where a fire had started and tried to evade arrest were further remanded on continuing bail for the preparation of a community service report.

John Kenny (30 ) with an address at 144 Ballinfoyle Park, Headford Road, and Martin Sherry (43 ) of no fixed abode appeared at Galway District Court charged with threatening and abusive behaviour and obstruction of a peace officer at Woodquay on May 10, 2010.

The court heard that at 5.05pm there was a report of a fire in a wooded area in Woodquay and when gardai arrived they found a number of intoxicated men. Gardai directed Kenny to leave the area twice but he refused and then resisted arrest by running from a pursuing garda. When the garda caught up with him Kenny continued to resist to such an extent that it was necessary to call for back up. As the garda had him restrained Kenny continued to be extremely abusive. With regard to Sherry, the garda added that “both tried to escape”.

Defence solicitor Sarah O’Dowd said that “it was more a case of them trying to evade then being aggressive”. She added that both defendants have a poor recollection of the incident because they had been drinking so heavily on the day in question. In the case of Kenny Ms O’Dowd further explained that he had started drinking at a nearby pub at 11am and that he had later apologised at the station for his behaviour. She said that both men, who were in each other’s company on the day, were willing to do community service.

Inspector Ernie White said that Kenny has three previous convictions for possession of drugs, theft, and public order while also Sherry had previous convictions for public order, posession of drugs, and one for possession of a knife.

Judge Mary Fahy remanded the two men on continuing bail to appear again on February 7 next for a community service report and, if found suitable, to complete 120 hours or serve four months in lieu. For the charge of threatening and abusive behaviour both defendants were also fined €300 each with four months to pay.

 

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